Western Australian Current Acts Western Australian Current Acts (1) In this section
—
Commonwealth agency means —
(a) a
department of the Public Service of the Commonwealth; or
(b) a
Commonwealth agency or instrumentality; or
(c) a
body, whether corporate or unincorporate, or the holder of an office, post or
position, established or continued for a public purpose under a law of the
Commonwealth;
corresponding authority means a person in another
State or a Territory, or another country, who has functions corresponding to
those of the CEO under this Act;
interested person means a person who, in the
opinion of the CEO, has a direct interest in the wellbeing of —
(a) a
child or a class or group of children; or
(b) a
person who under section 96 qualifies for assistance for the purposes of Part
4 Division 6;
non-government provider has the meaning given in
section 28A;
relevant information means —
(a)
information that, in the opinion of the CEO, is, or is likely to be, relevant
to —
(i)
the wellbeing of a child or a class or group of children;
or
(ii)
the wellbeing of a person who under section 96 qualifies
for assistance for the purposes of Part 4 Division 6; or
(iii)
the safety of a person who has been subjected to, or
exposed to, family violence; or
(iv)
the performance of a function under this Act;
or
(b)
other information of a kind prescribed by the regulations for the purposes of
this paragraph.
(2) The CEO or an
authorised officer may disclose relevant information to a public authority, a
Commonwealth agency, a corresponding authority, a non-government provider or
an interested person.
(3) The CEO or an
authorised officer may request a public authority, a Commonwealth agency, a
corresponding authority, a non-government provider or an interested person who
or which holds relevant information to disclose the information to the CEO or
authorised officer, as the case requires.
(4) Information may be
disclosed under subsection (2), or in compliance with a request under
subsection (3), despite any enactment that prohibits or restricts its
disclosure.
(5) If information is
disclosed, in good faith, under subsection (2) or in compliance with a request
under subsection (3) —
(a) no
civil or criminal liability is incurred in respect of the disclosure; and
(b) the
disclosure is not to be regarded as a breach of any duty of confidentiality or
secrecy imposed by law; and
(c) the
disclosure is not to be regarded as a breach of professional ethics or
standards or any principles of conduct applicable to the person’s
employment or as unprofessional conduct.
(6A) Subsection (5)
does not apply to the disclosure of information by a Commonwealth agency or a
corresponding authority in compliance with a request under subsection (3).
(6) The CEO must
establish procedures for the disclosure of information under subsection (2).
(7) The regulations
may include provisions about —
(a) the
receipt and storage of information disclosed under this section; and
(b) the
restriction of access to such information.
[Section 23 amended: No. 26 of 2008 s. 4; No. 49
of 2010 s. 49; No. 23 of 2015 s. 28; No. 49 of 2016 s. 92.]